Study On The Extortion

This paper is divided into four parts.The first part puts forwards the questions. This part discussed the development of the legislation of extortion and deduced the reason for its ever-changing. It shows that it is reasonable to rethink the Legislation of the extortion with the method of thinking from the scratch. Meanwhile, this part also stated that it's necessary and legitimacy to carry on further investigate on extortion and seize its criminal behavior, criminal amount and other circumstances of the crime.The second part analysis the behavior of extortion. Fuzziness in linguistic concept of extortion makes that it necessary to study the behavior of the extortion. The legitimacy of this study is mainly manifested it two aspects:the just requirement and society requirement. This paper deems that the behavior of the extortion should be divided into two different patterns. One pattern more focused on the cheat, such as the fraud, but this cheat pose a threat to the victim. The other pattern more focused on the future injuries from violence, such as the robbery, but this future injuries from violence also pose a threat to the victim. In these two different patterns, criminal act will inroad different object of crime and rechtsguter.The third part discussed the quantitative factors of the extortion and put forward a way to solve the problem of the criminal amount of the extortion. This way is dividing the criminal amount into two types in linguistic concept. They are "Pointing Amount" and "Gain Amount".On the premise of making this distinction, this paper deem that "Large Amount" in legal provision of the extortion means the "Pointing Amount",meanwhile "Huge Amount" and "Special Huge Amount" in legal provision of the extortion means the "Gain Amount". The fourth part discussed the understanding of "Else (Special) Serious Criminal Plots" in legal provision of the extortion. This paper deems that "Else (Special) Serious Criminal Plots" in legal provision of the extortion is an element of subjective aspects of aggravated crime. It is a plot of the objective respect of the crime. Also, it can be used as the circumstances for adjudgement and for sentencing.